The six retired players named in the suit argue that the NHL is responsible for the effects of brain injuries caused by concussive impacts due to the fact they knew or should have known of the dangers of repeated head trauma. In contrast, the NHL contends that these state-based injuries are governed by the NHL Collective Bargaining Agreement and therefore this case should be dismissed under section 301 of the Labor Management Relations Act. This would ensure the issue would be resolved via the arbitration procedure established in the controlling Collective Bargaining Agreement — outside the courts. The former players believe their suit involves actions and negligence on the part of the NHL that exceeds the scope of any Collective Bargaining Agreement which may apply.

In ruling discovery should continue, the judge determined that more discovery is needed to shed light on the exact nature of the retired players claims, when those claims occurred, and if any NHL Collective Bargaining Agreement is therefore relevant. If the players’ claims accrued while subject to a Collective Bargaining Agreement, and that agreement governs such claims, then they are preempted by labor law and the suit must be dismissed. The key questions that remain are whether the fact plaintiffs being retired means they are not subject to any Collective Bargaining Agreement, and whether their evidence presented is sufficient to show a duty of care and negligence beyond the scope of any Collective Bargaining Agreement. More discovery is needed to answer these questions.

The league had sought discovery to be iced; however, this order allows it to continue to skate on.

Categories

About Us

Goldberg Segalla is one of the largest and fastest-growing law firms headquartered in the United States, with a footprint that reaches from Los Angeles to London. Our more than 400 attorneys serve regional, national, and international clients from over 20 offices, with teams based in New York, Chicago, Philadelphia, Miami, St. Louis, and other major business and economic centers across 10 states. An AmLaw200 firm, Goldberg Segalla handles all forms of dispute resolution, guides clients through complex transactions, and provides proactive legal and regulatory counsel to help companies and professionals from a wide range of industries minimize and manage risk.
&nbsp
For more information, visit our website.